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(영문) 의정부지방법원 2017.05.26 2014고단4499
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a D museum in a lot, such as Southyang City C, etc.

No zone subject to development restriction shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store goods, or perform an urban or Gun planning project under Article 2 subparagraph 11 of the National Land Planning and Utilization Act without obtaining permission from the competent authority, or may issue a corrective order concerning the removal, closure, remodeling or relocation of buildings, structures, etc., and other necessary measures to a violator, etc. within a specified period of time.

On May 9, 2013, the Defendant received the “order for Correction of Illegal Acts within the development restriction zone” from the Namyang-ju Market, the competent authority, on the basis of the original restoration of the illegal act in attached Form 2 from the Namyang-ju Market, but did not comply with the period for implementation of the corrective order.

As a result, the defendant did not comply with the corrective order issued by the competent authorities.

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement (one No. 1 time a year);

1. Current status photographs;

1. Orders to correct illegal acts in development restriction zones;

1. Land register;

1. Corrective order (attached Form);

1. Application of Acts and subordinate statutes to know building permits within the development restriction zone;

1. Article 32 Subparag. 2 and Article 30(1) of the Act on Special Measures for the Establishment and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes (Amended by Presidential Decree No. 11838, May 28, 2013)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant is denied a crime on the ground that he/she obtained permission for completion of a building E on June 28, 2016, on the ground that the instant order for correction was violated, and thus, it does not take into account the circumstances after the occurrence of such violation.

(2) On the F Ground Buildings, the defendant shall be the defendant.

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